Dram Shop and Social Host Liability in South Dakota Drunk Driving Cases

A drunk driver hits you after being served at a bar or at a house party. Can you hold the bar or the host responsible? In many states, yes. In South Dakota, the answer is usually no, and that surprises a lot of injured people. Knowing where the law stands can help you focus on the places where recovery may still be possible.

What Dram Shop and Social Host Laws Are

A dram shop law lets an injured person bring a claim against a bar, restaurant, or store that served alcohol to someone who was visibly intoxicated or underage and who then caused harm. Social host liability applies the same idea to private parties. Many states allow some version of these claims, but South Dakota has taken a different approach.

South Dakota Generally Does Not Allow These Claims

South Dakota law makes it a Class 1 misdemeanor for a licensee to sell or serve alcohol to someone who is obviously intoxicated. But under SDCL 35-4-78, a licensee is not civilly liable to an injured person for injuries or property damage caused by a customer’s intoxication, even when the sale violated the law. A separate chapter reinforces the rule. Under SDCL 35-11-1, the Legislature declared that consuming alcohol, rather than serving it, is the proximate cause of injury caused by an intoxicated person, and under SDCL 35-11-2, a social host who furnishes alcohol is not civilly liable for injuries caused by the intoxication of any person.

In other words, a bar can face criminal consequences for over-serving a patron, but the injured person generally cannot sue the bar for damages.

Where Recovery May Still Be Possible

The absence of a dram shop claim does not mean an injured person has no options. Depending on the facts, compensation may come from:

• The intoxicated driver, who can be held responsible for the harm caused
• The driver’s auto liability insurance
• Your own uninsured or underinsured motorist coverage, when the at-fault driver’s coverage is not enough
• An employer, in some situations where the driver was acting within the scope of employment
• Other negligent parties whose actions contributed to the crash

Because these claims involve insurance coverage and fault disputes, the details matter. Evidence such as police reports, blood alcohol test results, and witness statements can also be important.

Contact Hoy Law About a Drunk Driving Crash in South Dakota

If a drunk driver has hurt you or someone you love, you deserve to understand all of the options available. Hoy Law represents injured people throughout South Dakota, including Sioux Falls, and our Sioux Falls drunk driving accident attorneys can review the facts and explain what claims may be available. Contact Hoy Law today to schedule a consultation.

Source:

sdlegislature.gov/Statutes/35-4-78